Firefighter Sues City Over Unsuccessful Termination Effort

HARTFORD — — On the eve of returning to his job as deputy chief of training, Hartford Firefighter Dan Nolan has filed suit against the city, the fire department and former Fire Chief Charles Teale.

The suit, filed Nov. 19, alleges that the city, the department and Teale caused him undue physical and emotional stress, cost him pay and promotions and legal bills in connection with his wrongful firing in 2009.

In 2008 the city, department and Teale investigated Nolan, who is scheduled to return to work on Monday, for allegedly offering potential recruits answers to written exam questions, misusing his department vehicle and putting recruits' safety at risk.

In March of 2008, the department received anonymous complaints that Nolan had offered recruits answers to the test and that he had offered to reduce runs in "punishment towers" in which recruits run up and down several flights of stairs in the training tower, in return for them donating to charities.

In April of 2008, the suit alleges, Vincent Fusco, the head of the fire department's union, informed him that he could choose to retire or be terminated as a result of the investigation. Nolan declined either option, but Teale subsequently ruled that Nolan had lied to superior officers, had abused his authority as deputy chief of training and jeopordized the safety and health of recruits.

Nolan was fired by Teale in February, 2009, but pursued a labor board hearing. In March, 2011, abritrator Henry Shrage found that the city did not have cause to fire Nolan and determined that the evidence the city presented did not substantiate the allegations against him.

Shrage, according to the lawsuit, determined that Nolan had not lied to superiors, abused his authority or put recruits at risk and ordered that he be reinstated to his job.

In April, 2011 the city appealed Shrage's ruling in superior court, but the abitrator's ruling was affirmed in Dec., 2011.

The city did not appeal the court's ruling.

The suit alleges that the city, the department and Teale's behavior in his capacity as chief demonstrated "malice" toward Nolan and that they abused the hearing process in the attempt terminate his employment.

Teale, who retired in Nov., 2009 is also named in an individual capacity for intentional negligent infliction of emotional distress.